Court No. - 51
Case :- CRIMINAL APPEAL No. - 2199 of 2014 Appellant :- Ashu Respondent :- State Of U.P.
Counsel for Appellant :- Imran Ullah Counsel for Respondent :- Govt. Advocate,Janardan Prasad Tripathi
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the applicant-appellant and learned AGA for the State.
This is the first bail application moved on behalf of applicant-appellant in S.T. No. 324 of 2013 arising out of case crime No. 482 of 2012, under Section 302, 201 of IPC, Police Station Dehli Gate, District Aligarh.
Contention of learned counsel for the appellant is that the appellant is in jail since 05.12.2012 with no previous criminal history. The further contention is that in the present case FIR was lodged after the recovery of body and the co-accused Chaman has been arrested and he has made a confessional statement. The further contention is that even if the prosecution story is believed to be true, the only evidence against the present appellant is apparently that of last seen and there is no direct evidence which may show the participation of the appellant in the alleged crime. The appellant had no motive and nothing has been recovered from the appellant. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is likelihood of the appeal being allowed if it is heard on merit, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application is allowed.
Let the applicant-appellant Ashu convicted and sentenced in above mentioned crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit the fine as imposed by the concerned court within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 25.9.2018 Ram Chander